Constitutionalism is a political and legal theory that emphasizes the supremacy of the Constitution, ensuring that government actions align with constitutional principles.
It prevents the arbitrary use of power and guarantees fundamental rights, democracy, and accountability.
Key Features of Constitutionalism
Supremacy of the Constitution
The Constitution is the highest legal authority, and all laws must comply with it.
Any unconstitutional law or action can be challenged in court.
Separation of Powers
Ensures a clear division of power among the legislature, executive, and judiciary.
Prevents misuse of authority and promotes checks and balances.
Protection of Fundamental Rights
Safeguards individual freedoms, equality, and justice (Articles 14-35).
Courts ensure that government actions do not violate rights.
Democratic Governance
Promotes free and fair elections, transparency, and citizen participation.
Ensures accountability of the government to the people.
Judicial Review
The Supreme Court has the power to strike down unconstitutional laws.
Example: Kesavananda Bharati Case (1973) – Established the Basic Structure Doctrine.
Rule of Law
No one is above the law; laws apply equally to all citizens.
Government actions must be legally justified and not arbitrary.
Amendments and Reforms
Article 368 allows constitutional amendments while maintaining its core principles.
Ensures that the Constitution remains relevant and adaptable.
Importance of Constitutionalism
Prevents dictatorship and ensures a government of laws, not men.
Maintains democratic values and protects citizens from state oppression.
Balances individual freedoms with the collective interests of society.
Judicial Contributions to Constitutionalism
Kesavananda Bharati Case (1973) – Introduced the Basic Structure Doctrine.
Maneka Gandhi Case (1978) – Expanded Right to Life (Article 21).
Vishaka Case (1997) – Established guidelines against sexual harassment.
Conclusion
Constitutionalism ensures that power remains limited, accountable, and guided by the rule of law.
It is essential for democracy, social justice, and governance in India.
